Case Detail

FOIA Project Annotation: A federal court in Illinois has ruled that the Department of Homeland Security conducted an adequate search for records concerning the investigation of a complaint filed by Adijat Edwards, a Nigerian citizen who claimed ICE agents stole $1,200 in cash and several pieces of jewelry while she was in detention before being deported, although the agency has failed to show why it was unable to segregate two video files. Jacqueline Stevens, a professor of political science at Northwestern, requested records of the OIG's investigation of Edwards' complaint and included a privacy waiver from Edwards. OIG conducted multiple searches and referred documents to both ICE and USCIS. OIG disclosed 139 unredacted pages and 335 redacted pages. It withheld two video DVDs after concluding that the images Stevens sought were not on either DVD. Stevens challenged the search because the agency had been forced to conduct multiple searches before finding all the responsive documents. The court noted that it "views DHS's remedial searches as a good-faith effort to work with Stevens and to provide all non-exempt documents responsive to her request. It is inevitable that a search may fail to find every responsive document, but FOIA does not require such a high standard�"'a search need not be perfect, only adequate.'" Stevens argued the agency would not have conducted an adequate search if it had not been for her persistent prodding. But the court pointed out that "the case law demonstrates that it is the agency's actions to rectify the failings of its initial search that demonstrate an adequate search has been performed." After finding the records had been created for a law enforcement purpose, the court indicated that redactions of personally-identifying information of third parties were justified under Exemption 7(C) (invasion of privacy concerning law enforcement records). Assessing whether Stevens had shown a public interest in disclosure that would outweigh the privacy interest, the court noted that "while Stevens may wish to possess this information as part of her research. . .the Court cannot discern the significant public interest that would be advanced by revealing this private information. . ." ICE told the court that it did not have the technological expertise and resources to redact video files. The court agreed that the videos were exempt but indicated that it was "troubled by ICE's inability to segregate video footage, especially given the large number of requests for video records that ICE's FOIA Office receives. . .A large federal government agency such as ICE should have sufficient technological expertise and equipment to segregate data from its video files." But the court reached a different conclusion when OIG told the court that it had access to video-editing software but did not have the expertise in its office. The court ordered the OIG FOIA office to consult with DHS staff that did have such expertise and either segregate the video or provide an affidavit explaining why the video could not be segregated.
Issues: Segregability - Disclosure of all non-exempt records, Exemption 7(C) - Invasion of privacy concerning law enforcement records, Adequacy - Search

Date Filed	Doc #	Docket Text
2013-05-06	1	COMPLAINT filed by Jacqueline Stevens. (gcy, ) (Entered: 05/07/2013)
2013-05-06	2	CIVIL Cover Sheet. (gcy, ) (Entered: 05/07/2013)
2013-05-06	3	PRO SE Appearance by Plaintiff Jacqueline Stevens. (gcy, ) (Entered: 05/07/2013)
2013-05-06		SUMMONS Issued 3 original and 3 copies as to Department of Homeland Security, U.S. Attorney, and U.S. Attorney General. (gcy, ) (Entered: 05/07/2013)
2013-05-20	5	DESIGNATION of Abigail Lynn Peluso as U.S. Attorney for Defendant Department of Homeland Security (Peluso, Abigail) (Entered: 05/20/2013)
2013-05-31	6	MINUTE entry before Honorable Ruben Castillo:The Court will hold a status hearing in open court on 6/11/2013 at 10:00 AM.Mailed notice (rao, ) (Entered: 05/31/2013)
2013-06-11	7	MINUTE entry before Honorable Ruben Castillo:Status hearing held on 6/11/2013 and continued to 7/10/2013 at 10:00 AM. The defendant is to produce any of the records by 7/9/2013. The date for the defendant to answer or otherwise plead will be set at the status hearing on 7/10/2013.Mailed notice (rao, ) (Entered: 06/11/2013)
2013-07-05	8	ATTORNEY Appearance for Plaintiff Jacqueline Stevens by Robert Andrew Free (Free, Robert) (Entered: 07/05/2013)
2013-07-08	9	ATTORNEY Appearance for Plaintiff Jacqueline Stevens by Mark M. Fleming Designated Local Counsel (Fleming, Mark) (Entered: 07/08/2013)
2013-07-10	10	MINUTE entry before Honorable Ruben Castillo:Status hearing held on 7/10/2013 and continued to 8/6/2013 at 9:45 AM. The defendant is to answer or otherwise plead to the complaint by 7/19/2013.Mailed notice (rao, ) (Entered: 07/10/2013)
2013-07-19	11	ANSWER to Complaint by Department of Homeland Security(Peluso, Abigail) (Entered: 07/19/2013)
2013-08-06	12	MINUTE entry before Honorable Ruben Castillo:Status hearing held on 8/6/2013, and continued to 9/10/2013 at 09:45 AM.Judicial staff mailed notice (gl, ) (Entered: 08/06/2013)
2013-09-10	13	MINUTE entry before Honorable Ruben Castillo:Status hearing held on 9/10/2013 and continued to 10/15/2013 at 9:45 AM.Mailed notice (rao, ) (Entered: 09/10/2013)
2013-10-07	14	GENERAL ORDER 13-0018 dated 10/7/13: IT IS HEREBY ORDERED, effective October 1, 2013, that all civil litigation involving as a party the United States of America, is immediately suspended, postponed and held in abeyance continuing for a period of fourteen (14) days from the date of entry of this General Order (For Further Details See Attached Order). Signed by Chief Judge Castillo. (et, ) (Entered: 10/07/2013)
2013-10-10	15	MINUTE entry before Honorable Ruben Castillo:The status hearing is reset to 11/5/2013 at 9:45 AM. The status hearing set for 10/15/2013 is vacated.Mailed notice (rao, ) (Entered: 10/10/2013)
2013-10-17	16	GENERAL ORDER 13-0019 dated 10/17/13: IT IS THEREFORE ORDERED, that the stay entered by General Order 13-0018 is hereby lifted, and any and all deadlines in the affected civil litigation (whether established by order, rule, or agreement), including but not limited to any scheduled discovery and pleading dates, are extended by 28 days. The Court warns litigants that this General Order does not purport to affect rights to or deadlines concerning appeal from any decision of this Court. Any litigant affected by this General Order may see relief from the order by motion. Trial dates in the affected cases will stand, although they may need to be adjusted in individual cases to account for the extension of other dates. The Court may, in any particular case, vary the effect or operation of this General Order by a separate ruling. (For Further Details See Attached Order). Signed by Chief Judge Castillo on 10/17/2013 (td, ) (Entered: 10/17/2013)
2013-10-29	17	NOTICE by Mark M. Fleming of Change of Address (Fleming, Mark) (Entered: 10/29/2013)
2013-11-05	18	MINUTE entry before Honorable Ruben Castillo:Status hearing held on 11/5/2013. Defendant's motion for summary judgment is due on or before 12/10/2013. Plaintiff's response will be due on or before 1/21/2014. Defendant's reply will be due on or before 2/3/2014. The Court will rule by mail.Mailed notice (rao, ) (Entered: 11/05/2013)
2013-12-10	19	MOTION by Defendant Department of Homeland Security for summary judgment (Peluso, Abigail) (Entered: 12/10/2013)
2013-12-10	20	RULE 56 56.1 Statement (Attachments: # 1 Affidavit Ex. A - Kuehn Declaration)(Peluso, Abigail) (Entered: 12/10/2013)
2013-12-10	21	MEMORANDUM in support of motion for summary judgment (Peluso, Abigail) (Entered: 12/10/2013)
2013-12-11	22	EXHIBITS by Department of Homeland Security TO EXHIBIT A OF THE LOCAL RULE 56.1 STATEMENT OF MATERIAL FACTS IN SUPPORT OF THE UNITED STATES' MOTION FOR SUMMARY JUDGEMENT (Attachments: # 1 Exhibit 1 - 15 Part 1, # 2 Exhibit Part 2, # 3 Exhibit Part 3, # 4 Exhibit Part 4, # 5 Exhibit Part 5, # 6 Exhibit Part 6, # 7 Exhibit Part 7, # 8 Exhibit Part 8)(Peluso, Abigail) (Entered: 12/11/2013)
2014-01-21	23	MEMORANDUM by Jacqueline Stevens in Opposition to motion for summary judgment 19 (Free, Robert) (Entered: 01/21/2014)
2014-01-21	24	RULE 56 56.1(b) Statement of Plaintiff in Opposition to Summary Judgment (Attachments: # 1 Exhibit A - Pedraza Indictment, # 2 Declaration B - FRCP 56(d) Declaration)(Free, Robert) (Entered: 01/21/2014)
2014-01-21	25	MOTION by Plaintiff Jacqueline Stevens to seal document (Agreed) (Free, Robert) (Entered: 01/21/2014)
2014-01-30	26	MOTION by Defendant Department of Homeland Security for extension of time to file response/reply (Peluso, Abigail) (Entered: 01/30/2014)
2014-01-30	27	NOTICE of Motion by Abigail Lynn Peluso for presentment of motion for extension of time to file response/reply 26 before Honorable Ruben Castillo on 2/4/2014 at 09:45 AM. (Peluso, Abigail) (Entered: 01/30/2014)
2014-02-03	28	MINUTE entry before the Honorable Ruben Castillo:Parties' agreed motion to seal 25 and Defendant's unopposed motion for extension of time to file reply 26 are granted. Defendant's reply will be due on or before 2/17/2014. The motion hearing set for 2/4/2014 is vacated.Mailed notice (rao, ) (Entered: 02/03/2014)
2014-02-03	29	ORDER Parties' joint agreed motion to seal 25 is granted. The Clerk of Court is directed to seal the Exhibits filed by the Defendant on 12/11/2013 and docketed as Docket Entry Nos. 22-1 through 22-8. Signed by the Honorable Ruben Castillo on 2/3/2014.(nf, ) (Entered: 02/04/2014)
2014-02-13	30	MOTION by Defendant Department of Homeland Security to withdraw other, 22 , motion for summary judgment 19 , Rule 56 statement 20 , memorandum in support of motion 21 AGREED motion to withdraw summary judgment (Peluso, Abigail) (Entered: 02/13/2014)
2014-02-13	31	NOTICE of Motion by Abigail Lynn Peluso for presentment of motion to withdraw, motion for relief,,, 30 before Honorable Ruben Castillo on 2/19/2014 at 09:45 AM. (Peluso, Abigail) (Entered: 02/13/2014)
2014-02-14	32	MINUTE entry before the Honorable Ruben Castillo:Defendant's agreed motion to withdraw summary judgment 30 is granted. Defendant's motion for summary judgment 19 is withdrawn. The Court will hold a status hearing in open court on 4/1/2014 at 9:45 AM.Mailed notice (rao, ) (Entered: 02/14/2014)
2014-03-31	33	MINUTE entry before the Honorable Ruben Castillo:The status hearing is reset to 4/2/2014 at 9:45 a.m. The status hearing set for 4/1/2014 is vacated.Mailed notice (rao, ) (Entered: 03/31/2014)
2014-04-02	34	MINUTE entry before the Honorable Ruben Castillo:Status hearing held on 4/2/2014. Counsel for the defendant appeared. The status hearing is continued to 5/21/2014 at 9:45 a.m.Mailed notice (rao, ) (Entered: 04/02/2014)
2014-05-21	35	MINUTE entry before the Honorable Ruben Castillo:Status hearing held on 5/21/2014. Counsel for the government appeared. Plaintiff's motion for summary judgment is due on or before 7/14/2014. Defendant's response and/or cross motion for summary judgment is due on or before 8/11/2014. The plaintiff's reply brief will be due on or before 8/29/2014. The Court will rule by mail.Mailed notice (rao, ) (Entered: 05/21/2014)
2014-07-14	36	MOTION by Plaintiff Jacqueline Stevens for summary judgment (partial) (Free, Robert) (Entered: 07/15/2014)
2014-07-15	37	MEMORANDUM by Jacqueline Stevens in support of motion for summary judgment 36 (Attachments: # 1 Declaration Attachment 1 - Decl. of Jacqueline Steven, # 2 Declaration Attachment 2 - Second Declaration of Stephanie Kuehn w Ex. 5, # 3 Exhibit Attachment 3 - EDS Log, # 4 Exhibit Attachment 4 - Doc. 1a, # 5 Exhibit Attachment 5 - Doc. 1c, # 6 Exhibit Attachment 6 - Doc. 1d, # 7 Exhibit Attachment 7 - Doc. 1p, # 8 Exhibit Attachment 8 - Doc. 20, # 9 Exhibit Attachment 9 - Doc 33)(Free, Robert) (Entered: 07/15/2014)
2014-07-15	38	RULE 56 (c) Statement by Jacqueline Stevens regarding motion for summary judgment 36 (Free, Robert) (Entered: 07/15/2014)
2014-07-15	39	NOTICE of Motion by Robert Andrew Free for presentment of motion for summary judgment 36 before Honorable Ruben Castillo on 9/9/2014 at 09:45 AM. (Free, Robert) (Entered: 07/15/2014)
2014-07-15	40	AMENDED Memorandum of Law in Support of Plaintiff's Motion for Partial Summary Judgment (Free, Robert) (Entered: 07/15/2014)
2014-07-15	41	MOTION by Plaintiff Jacqueline Stevens to strike memorandum in support of motion,, 37 and substitute with 40 amended memorandum (Free, Robert) (Entered: 07/15/2014)
2014-07-15	42	NOTICE of Motion by Robert Andrew Free for presentment of motion to strike, motion for relief 41 before Honorable Ruben Castillo on 7/23/2014 at 09:45 AM. (Free, Robert) (Entered: 07/15/2014)
2014-07-16	43	MINUTE entry before the Honorable Ruben Castillo:Plaintiff's motion to strike and substitute 41 is granted. Plaintiff's original memorandum in support of its motion for partial summary judgment 37 is hereby stricken. The exhibits to this memorandum [37-1 through 37-9] are correct and will remain. Plaintiff's amended memorandum in support of its motion for partial summary judgment 40 is hereby substituted. The motion hearing set for 7/23/2014 is vacated.Mailed notice (rao, ) (Entered: 07/16/2014)
2014-08-11	44	RESPONSE by Defendant Department of Homeland Security to Rule 56 statement 38 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Peluso, Abigail) (Entered: 08/11/2014)
2014-08-11	45	MOTION by Defendant Department of Homeland Security for summary judgment (Peluso, Abigail) (Entered: 08/11/2014)
2014-08-11	46	RULE 56 1 Statement by Department of Homeland Security regarding motion for summary judgment 45 (Peluso, Abigail) (Entered: 08/11/2014)
2014-08-11	47	MEMORANDUM by Department of Homeland Security in support of motion for summary judgment 45 and response in opposition to plaintiff's motion for summary judgment (Peluso, Abigail) (Entered: 08/11/2014)
2014-08-29	48	MOTION by Plaintiff Jacqueline Stevens for extension of time to file response/reply as to motion for summary judgment 45 (UNOPPOSED) (Free, Robert) (Entered: 08/29/2014)
2014-09-04	49	MINUTE entry before the Honorable Ruben Castillo:Plaintiff's unopposed motion for one-week extension of deadline to file reply/response 48 is granted. The Court will take the motions for summary judgment 36 , 45 under advisement and rule by mail. The motion hearing set for 9/9/2014 is vacated.Mailed notice (rao, ) (Entered: 09/04/2014)
2014-09-05	50	RESPONSE by Jacqueline Stevensin Support of MOTION by Plaintiff Jacqueline Stevens for summary judgment (partial) 36 and Reply in Opposition to Defendant's Cross-Motion for Summary Judgment (Attachments: # 1 Declaration Stevens Supplemental Declaration)(Free, Robert) (Entered: 09/05/2014)
2014-09-06	51	RESPONSE by Plaintiff Jacqueline Stevens to Rule 56 statement 46 (Free, Robert) (Entered: 09/06/2014)
2014-11-04	52	ORDER: Enter Memorandum Opinion and Order. Plaintiff's motion for partial summary judgment 36 is granted in part and denied in part. Defendant's cross motion for summary judgment 45 is granted in part and denied in part. Signed by the Honorable Ruben Castillo on 11/4/2014. (jh, ) (Entered: 11/06/2014)
2014-11-04	53	MEMORANDUM Opinion and Order signed by the Honorable Ruben Castillo on 11/4/2014. (jh, ) (Entered: 11/06/2014)
2014-11-04	54	ENTERED JUDGMENT. (jh, ) (Entered: 11/06/2014)
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